Atlanta, GA asked in Patents (Intellectual Property) for Georgia

Q: If modifications were made to enhance or improve this patented shading system, would that be patent infringement?

U.S. Patent: 10190330

2 Lawyer Answers
Kevin E. Flynn
Kevin E. Flynn
PREMIUM
Answered
  • Patents Lawyer
  • Chapel Hill, NC

A: If the broadest claim in a patent requires 5 things--To make this easy, call them A, B, C, D, & E.

If your improved product added some new features (F & G) so that your device had A, B, C, D, E, F & G. then your improved device would infringe as you have A-E as called for in the patent claim. Note -- you may be able to get a patent on the improved device A-G so that the original company could not make your improved device and maybe you could cross license with them to allow each of you to make A-G.

If your improved product reworked B-C-D and replaced it with simpler X-Y and you added F& G so that you now have A X Y E F &G then you would not infringe a claim that required B C and D.

So the answer to your question is not an easy over the internet answer. Someone needs to break down the claim elements and then try to map them to your improved device. You need to hire a patent attorney.

If you found this answer helpful, you may want to look at my answers to other questions about patent law are available at the bottom of my profile page at

https://lawyers.justia.com/lawyer/kevin-e-flynn-880338

Kevin E Flynn

John B. Hudak
John B. Hudak
Answered
  • Patents Lawyer
  • Milford, CT

A: A non-infringement analysis will relate to determining if the new product contains all the features defined in a claim of an active patent, which is literal infringement. Or, there can infringement if the features in the new product are equivalent to claimed elements of the claim of an active patent -- under the doctrine of equivalents. For an accusation of infringement, the product and patent (which may be infringed) do not have to be exactly the same. Therefore, the question asked will take a full analysis.

This answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship. Consider hiring an attorney to analyze the specific facts to your situation.

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